Case Details

Citation(s)
2021 SLG 1230 2021 SLD 1230 2021 MLD 794
Lahore High Court
Writ Petition No. 13246 of 2010, decided on 7th October, 2020, Date of hearing: 7th October, 2020.
CH. MUHAMMAD IQBAL, JUSTICE
Ch. Nazir Ahmad Kamboh for Petitioner. Ch. Iqbal Ahmad Khan and Salman Manzoor for
Respondents Nos.1 to 3. Asif Mahmood Cheema, Additional Advocate General for
Respondents Nos.4 to 6.

RANA MUHAMMAD ASHRAF

VS

MANZOOR AHMAD AND OTHERS

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 24

Law: Constitution of Pakistan, 1973

Section: 199

Colonization of Government Lands (Punjab) Act (V of 1912) S.24Constitution of Pakistan, Art.199Constitutional petitionLumbardari grantAllotment, cancellation ofRemand of caseEffectDispute between parties was with regard to allotment of state land reserved for Lumardari grant to persons not entitled for the same was permanent Lambardar of the village and resumed land was allotted to him but subsequently matter was remanded to Commissioner for decision afreshValidityAfter remand the matter was still pending before Commissioner and petitioner was at liberty to raise all legal and factual objections before the forum which forum was under legal obligation to reexamine the case and decide the matter afreshAggrieved party, after decision in remand proceedings had remedies as per lawHigh Court in exercise of Constitutional jurisdiction declined to interfere in the matterConstitutional petition was dismissed, in circumstances. Muhammad Ilyas Khan v. Muhammad and others 1986 SCMR 251; Allah Ditta and others v. Member (Judicial) Board of Revenue and others 2018 SCMR 1177; Ramzan v. Rehabilitation Commissioner (Legal) Sargodha and another PLD 1963 (W.P.) Lah. 461; Akbar Ali and 18 others v. Mukhtar Ahmad and 14 others 2007 CLC 768 and Ghulam Ahmad v. Member Board of Revenue Punjab, Lahore and others 2010 CLC 1921 rel. JUDGMENT CH. MUHAMMAD IQBAL, J. This single judgment, I intend to decide the above titled writ petition along with connected Writ Petitions Nos.10340/2011 and 13246/2010 as common questions of law and facts are involved in these cases. 2. Through these writ petitions, the petitioner has challenged the vires of order dated 19.04.2011 passed by the Member (JudicialV11), Board of Revenue, Punjab who accepted ROR Nos.1708 and 1729 of 2009 and set aside order dated 19.09.2006 passed by the District Officer (Revenue), Pakpattan as well as order dated 23.10.2009 passed by the Executive District Officer (Revenue), Sahiwal and remanded the matter to the Commissioner, Sahiwal Division, Sahiwal with the directions to decide the matter afresh after examining the various instructions of Board of Revenue on the subject and affording hearing to the parties, 3. Brief facts…
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